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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 72- ~`~ <br />BY: ~/ ~~ ~ e! <br />I <br />~!r <br />AN ORDINANCE ENACTING SECTION 533.12 OF THE <br />GENERAL OFFENSES CODE OF THE CITY OF NORTH <br />OLMSTED, OHIO, (CODIFIED ORDINANCES) EN- <br />TITLED " FURNISHING SAMPLES OF DRUGS OR <br />PHARMACEUTICAL PREPARATIONS " TO CONFORM <br />TO CHANGES ENACTED BY THE OHIO GENERAL AS- <br />SEMBLY, AND DECLARING AN EMERGENCY. <br />WHEREAS, Council has determined that it is in the best interest of the <br />City of North Olmsted that the North Olmsted General Offenses Code be reviewed <br />to eliminate any conflicts with the provisions of the State Statutes , as enacted <br />by the Ohio General Assembly. <br />NOW, '~iEREFORE, BE IT ORDAINED by the Council of the City of North <br />Olmsted, State of Ohio : <br />Section 1. That Section 533.12 ,Chapter 533 (Codified Ordinances) of the <br />North Olmsted General Offenses shall read as follows : <br />533.12 FURNISHING SAMPLES.. OF DRUGS OR PHARMACEUTICAL <br />PREPARATIONS. <br />(a ) No person shall furnish another a sample of any drug of abuse, <br />or of any drug or pharmaceutical preparation which would be <br />hazardous to health or safety if used without the supervision <br />of a practitioner, unless all of-the following apply <br />(1) The sample is furnished by a manufacturer, manufacturer's <br />representative or wholesale dealer in pharmaceuticals to a <br />practitioner, or is furnished by a practitioner to a patient <br />f+c~r use as medication ; <br />(2) The drug is in the original container in which it was placed by <br />the manufacturer, and such container is plainly marked as a <br />sample ; <br />(3) Prior to its being furnished, the drug sample has been stored <br />under the proper conditions to prevent its deterioration or <br />contamination ; <br />(4) If the drug is of a type which deteriorates with time, the sample <br />container is plainly marked with the date beyond which the drug <br />sample is unsafe to use, and such date has not expired on the <br />sample furnished. Compliance with the labeling requirements <br />of the Federal Food, Drug and Cosmetics Act shall be deemed <br />compliance with this section. <br />(b) ~ No person shall negligently distribute, store or discard a sample <br />of any drug of abuse or of any drug or pharmaceutical preparation <br />which would be hazardous to health er safety if used without the <br />supervision of a practitioner, in such a way that the drug sample <br />may be acquired or used by any unauthorized person, or by any <br />